Humphrey v. The J.M. Smucker Company
Plaintiff: Robin Humphrey
Defendant: The J.M. Smucker Company and Post Consumer Brands LLC
Case Number: 3:2022cv06913
Filed: November 4, 2022
Court: US District Court for the Northern District of California
Presiding Judge: William H Orrick
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2023 Opinion or Order Filing 54 Answer to Amended Complaint #47 Amended Complaint byPost Consumer Brands LLC. (Ruttinger, Michael) (Filed on 10/9/2023)
October 3, 2023 Opinion or Order Filing 53 Protective Order by Judge William H. Orrick granting #51 Stipulation. (jmd, COURT STAFF) (Filed on 10/3/2023)
September 29, 2023 Opinion or Order Filing 52 SUMMONS Returned Executed by Robin Humphrey. Post Consumer Brands LLC served on 9/18/2023, answer due 10/10/2023. (Fisher, L.) (Filed on 9/29/2023)
September 29, 2023 Opinion or Order Filing 51 STIPULATION WITH PROPOSED ORDER filed by The J.M. Smucker Company. (Attachments: #1 Exhibit Ex. 1 - Stipulated Protective Order (Redline), #2 Exhibit Ex. 2 - Stipulated Protective Order (Clean), #3 Exhibit Ex. 3 - Stipulated Protocol for Discovery of ESI, #4 Exhibit Ex. 4 - Declaration of MJR in Support of Joint Stipulation)(Ruttinger, Michael) (Filed on 9/29/2023)
September 14, 2023 Opinion or Order Filing 50 ANSWER to Amended Complaint byThe J.M. Smucker Company. (Ruttinger, Michael) (Filed on 9/14/2023)
September 1, 2023 Opinion or Order Filing 49 Summons Issued as to Post Consumer Brands LLC. (dhm, COURT STAFF) (Filed on 9/1/2023)
August 31, 2023 Opinion or Order Filing 48 Proposed Summons. (Fisher, L.) (Filed on 8/31/2023)
August 31, 2023 Opinion or Order Filing 47 SECOND AMENDED CLASS ACTION COMPLAINT against The J.M. Smucker Company, Post Consumer Brands LLC. Filed by Robin Humphrey. (Fisher, L.) (Filed on 8/31/2023) Modified text on 9/1/2023 (dhm, COURT STAFF).
August 29, 2023 Opinion or Order Filing 46 STIPULATION Regarding Plaintiff's Second Amended Complaint filed by Robin Humphrey. (Fisher, L.) (Filed on 8/29/2023)
August 15, 2023 Opinion or Order Filing 45 Order by Judge William H. Orrick granting #44 Motion for Pro Hac Vice by Jonathan L. Wolloch. (jmd, COURT STAFF) (Filed on 8/15/2023)
August 15, 2023 Opinion or Order Filing 44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18548181.) filed by Robin Humphrey. (Wolloch, Jonathan) (Filed on 8/15/2023)
July 18, 2023 Opinion or Order Filing 43 Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 7/18/2023. Deadline to Amend/Add Parties: 9/1/2023. Further Case Management Conference set for 1/16/2024 02:00 PM via Videoconference (Case Management Statement due by 1/9/2024). Motion Hearing on Class Certification set for 8/14/2024 02:00 PM via Videoconference. Close of Fact Discovery: 12/6/2024. Dispositive Motions to be heard by 6/11/2025. Pretrial Conference set for 8/25/2025 02:00 PM and Jury Trial set for 9/22/2025 08:30 AM, both in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Total Time in Court: 4 minutes. Court Reporter: Susan Zielie. Plaintiff Attorney: L. Timothy Fisher. Defendant Attorney: Ethan W. Weber and Michael Ruttinger. (jmd, COURT STAFF) (Date Filed: 7/18/2023)
July 18, 2023 Opinion or Order Filing 42 Certificate of Interested Entities by The J.M. Smucker Company identifying Other Affiliate Post Holdings, Inc., Other Affiliate Post Consumers Brands for The J.M. Smucker Company. Supplemental (Ruttinger, Michael) (Filed on 7/18/2023)
July 18, 2023 Opinion or Order Filing 41 CLERKS NOTICE RE ZOOM HEARING - The Case Management Conference set for 07/18/2023 at 2:00 p.m. will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 7/18/2023)
July 18, 2023 Opinion or Order #Electronic filing error. Electronic filing error. Names of interested entities or person MUST be entered at the prompt. This filing will not be processed by the clerks office. Re: #40 Certificate of Interested Entities filed by The J.M. Smucker Company (anj, COURT STAFF) (Filed on 7/18/2023)
July 17, 2023 Opinion or Order Filing 40 Certificate of Interested Entities by The J.M. Smucker Company (Supplemental) (Ruttinger, Michael) (Filed on 7/17/2023)
July 11, 2023 Opinion or Order Filing 39 JOINT CASE MANAGEMENT STATEMENT filed by Robin Humphrey. (Fisher, L.) (Filed on 7/11/2023)
June 28, 2023 Opinion or Order Filing 38 SUMMONS Returned Executed by Robin Humphrey. The J.M. Smucker Company served on 12/15/2022, answer due 1/5/2023. (Fisher, L.) (Filed on 6/28/2023)
June 5, 2023 Opinion or Order Filing 37 ANSWER to Amended Complaint byThe J.M. Smucker Company. (Ruttinger, Michael) (Filed on 6/5/2023)
June 2, 2023 Opinion or Order Filing 36 ORDER CONTINUING CASE MANAGEMENT CONFERENCE by Judge William H. Orrick granting #35 Stipulation. Case Management Statement due by 7/11/2023. Case Management Conference reset for 7/18/2023 02:00 PM via Videoconference. (jmd, COURT STAFF) (Filed on 6/2/2023)
June 1, 2023 Opinion or Order Filing 35 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Robin Humphrey. (Fisher, L.) (Filed on 6/1/2023)
May 22, 2023 Opinion or Order Filing 34 ORDER GRANTING IN PART AND DENYING IN PART #28 MOTION TO DISMISS by Judge William H. Orrick. Case Management Conference reset for 6/13/2023 02:00 PM via Videoconference. Case Management Statement due by 6/6/2023. (jmd, COURT STAFF) (Filed on 5/22/2023) Modified on 5/22/2023 to correct CMC date (jmd, COURT STAFF).
May 22, 2023 Opinion or Order Case Management Conference reset for 6/13/2023 02:00 PM via Videoconference. (jmd, COURT STAFF) (Filed on 5/22/2023)
May 19, 2023 Opinion or Order Filing 33 CLERKS NOTICE RESETTING ZOOM HEARING. Case Management Conference reset for 6/20/2023 02:00 PM. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 5/19/2023)
May 5, 2023 Opinion or Order Filing 32 REPLY (re #28 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint Under Fed. R. Civ. P. 12(B)(1) and 12(B)(6) ) in Support of J.M. Smucker Co.'s Motion to Dismiss filed byThe J.M. Smucker Company. (Ruttinger, Michael) (Filed on 5/5/2023)
April 21, 2023 Opinion or Order Filing 31 OPPOSITION/RESPONSE (re #28 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint Under Fed. R. Civ. P. 12(B)(1) and 12(B)(6) ) filed byRobin Humphrey. (Fisher, L.) (Filed on 4/21/2023)
April 5, 2023 Opinion or Order Filing 30 CLERKS NOTICE RESETTING HEARING AND DEADLINES PER #24 ORDER. Motion Hearing reset for 5/24/2023 02:00 PM. Response due by 4/21/2023. Replys due by 5/5/2023. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 4/5/2023)
April 5, 2023 Opinion or Order Filing 29 Correction of Opposition/Response or Reply Deadlines pertaining to #28 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint Under Fed. R. Civ. P. 12(B)(1) and 12(B)(6) (Reason: Correcting an error) filed byThe J.M. Smucker Company. Responses due by 4/21/2023. Replies due by 5/5/2023. (Ruttinger, Michael) (Filed on 4/5/2023)
March 31, 2023 Opinion or Order Filing 28 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint Under Fed. R. Civ. P. 12(B)(1) and 12(B)(6) filed by The J.M. Smucker Company. Motion Hearing set for 5/17/2023 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 4/14/2023. Replies due by 4/21/2023. (Ruttinger, Michael) (Filed on 3/31/2023)
March 10, 2023 Opinion or Order Filing 27 AMENDED COMPLAINT First Amended Class Action Complaint against The J.M. Smucker Company. Filed byRobin Humphrey. (Fisher, L.) (Filed on 3/10/2023)
March 7, 2023 Opinion or Order Filing 26 NOTICE of Substitution of Counsel by L. Timothy Fisher (Fisher, L.) (Filed on 3/7/2023)
March 7, 2023 Opinion or Order Filing 25 NOTICE of Appearance by Emily Ayres Horne (Horne, Emily) (Filed on 3/7/2023)
February 13, 2023 Opinion or Order Filing 24 ORDER granting #23 STIPULATION TO EXTEND TIME TO FILE AN AMENDED COMPLAINT AND TO SET BRIEFING SCHEDULE FOR MOTION TO DISMISS. First Amended Complaint due by 3/10/2023. Case Management Statement due by 6/14/2023. Case Management Conference reset for 6/21/2023 02:00 PM via Videoconference. Motion Hearing reset for 5/24/2023 02:00 PM via Videoconference. Signed by Judge William H. Orrick on 02/13/2023. (jmd, COURT STAFF) (Filed on 2/13/2023)
February 10, 2023 Opinion or Order Filing 23 STIPULATION WITH PROPOSED ORDER to Extend Time to File an Amended Complaint and to Set Briefing Schedule for Motion to Dismiss filed by Robin Humphrey. (Fisher, L.) (Filed on 2/10/2023)
February 9, 2023 Opinion or Order Set Deadlines/Hearings: Case Management Statement due by 5/3/2023. Further Case Management Conference set for 5/10/2023 02:00 PM via Videoconference. (jmd, COURT STAFF) (Filed on 2/9/2023)
February 3, 2023 Opinion or Order Filing 22 MOTION to Dismiss Plaintiff's Class Action Complaint Under Fed. R. Civ.P. 12(B)(1) and 12(B)(6) filed by The J.M. Smucker Company. Motion Hearing set for 3/29/2023 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 2/17/2023. Replies due by 2/24/2023. (Attachments: #1 Declaration Declaration of Michael J. Ruttinger, #2 Proposed Order Proposed Order)(Ruttinger, Michael) (Filed on 2/3/2023) Modified text on 2/3/2023 (dhm, COURT STAFF).
January 30, 2023 Opinion or Order Filing 21 ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES by Judge William H. Orrick granting #20 Stipulation. Case Management Statement due by 5/3/2023. Case Management Conference reset for 5/10/2023 02:00 PM via Videoconference. (jmd, COURT STAFF) (Filed on 1/30/2023) Modified on 2/9/2023 to correct dates (jmd, COURT STAFF).
January 25, 2023 Opinion or Order Filing 20 STIPULATION WITH PROPOSED ORDER to Reschedule Case Management Conference and Related Deadlines filed by The J.M. Smucker Company. (Ruttinger, Michael) (Filed on 1/25/2023)
January 17, 2023 Opinion or Order Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Litteral, Sean) (Filed on 1/17/2023)
January 17, 2023 Opinion or Order Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ruttinger, Michael) (Filed on 1/17/2023)
January 13, 2023 Opinion or Order Filing 17 Order by Judge William H. Orrick granting #14 Motion for Pro Hac Vice by Ethan W. Weber. (jmd, COURT STAFF) (Filed on 1/13/2023)
January 13, 2023 Opinion or Order Filing 16 CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 2/14/2023 02:00 PM via Videoconference. Case Management Statement due by 2/7/2023. Signed by Judge William H. Orrick on 01/13/2023. (jmd, COURT STAFF) (Filed on 1/13/2023)
January 10, 2023 Opinion or Order Filing 15 Order by Judge William H. Orrick granting #13 Motion for Pro Hac Vice by Michael J. Ruttinger. (jmd, COURT STAFF) (Filed on 1/10/2023)
January 10, 2023 Opinion or Order Filing 14 MOTION for leave to appear in Pro Hac Vice Ethan W. Weber ( Filing fee $ 317, receipt number ACANDC-17885310.) filed by The J.M. Smucker Company. (Weber, Ethan) (Filed on 1/10/2023)
January 10, 2023 Opinion or Order Filing 13 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17884035.) filed by The J.M. Smucker Company. (Ruttinger, Michael) (Filed on 1/10/2023)
December 30, 2022 Opinion or Order Filing 12 NOTICE of Appearance by Anna-Sophie Tirre (Tirre, Anna-Sophie) (Filed on 12/30/2022)
December 30, 2022 Opinion or Order Filing 11 NOTICE of Appearance by Bart L. Kessel (Kessel, Bart) (Filed on 12/30/2022)
December 30, 2022 Opinion or Order Filing 10 Certificate of Interested Entities by The J.M. Smucker Company (Kessel, Bart) (Filed on 12/30/2022)
December 30, 2022 Opinion or Order Filing 9 STIPULATION To Extend Time For Defendant To Respond To Plaintiff's Class Action Complaint filed by The J.M. Smucker Company. (Kessel, Bart) (Filed on 12/30/2022)
December 13, 2022 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 12/13/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 12/13/2022)
November 10, 2022 Opinion or Order Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 11/10/2022)
November 7, 2022 Opinion or Order Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Robin Humphrey.. (Fisher, L.) (Filed on 11/7/2022)
November 7, 2022 Opinion or Order Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/31/2023. Initial Case Management Conference set for 2/7/2023 02:00 PM in McKinleyville. (jml, COURT STAFF) (Filed on 11/7/2022)
November 7, 2022 Opinion or Order Filing 4 Summons Issued as to The J.M. Smucker Company. (jml, COURT STAFF) (Filed on 11/7/2022)
November 4, 2022 Opinion or Order Filing 3 Case assigned to Magistrate Judge Robert M. Illman. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/18/2022. (bw, COURT STAFF) (Filed on 11/4/2022)
November 4, 2022 Opinion or Order Filing 2 Proposed Summons. (Fisher, L.) (Filed on 11/4/2022)
November 4, 2022 Opinion or Order Filing 1 COMPLAINT against The J.M. Smucker Company with jury demand ( Filing fee $ 402, receipt number ACANDC-17701057.). Filed by Robin Humphrey. (Attachments: #1 Civil Cover Sheet)(Fisher, L.) (Filed on 11/4/2022) Modified on 11/7/2022 (jml, COURT STAFF).

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Plaintiff: Robin Humphrey
Represented By: L. Timothy Fisher
Represented By: Sean L. Litteral
Represented By: Emily Ayres Horne
Represented By: Jonathan Wolloch
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Defendant: The J.M. Smucker Company
Represented By: Anna-Sophie Tirre
Represented By: Bart L. Kessel
Represented By: Ethan William Weber
Represented By: Michael Ruttinger
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Defendant: Post Consumer Brands LLC
Represented By: Michael Ruttinger
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